PREM KUMARI Vs. PANCHAYAT SAMITI

JUDGEMENT

(1.) THOSE two writ petitions arise in similar circumstances and raise common questions and are, therefore, disposed of by a common order.

(2.) THE petitioners in both these writ petitions were selected for the posts of Teachers in the Panchyat Samiti, Osiyan by the Rajasthan Pancbayat Samitis and Zila Parishads Service Selection Commission (hereinafter called 'the Commission'). In consequence of their aforesaid selection, both the petitioners were temporarily appointed as Teachers in the Panchayat Samiti, Osiyan a for period of two years by the order dated April 1, 1964 It appears that the temporary appointments of the petitioners in the aforesaid Pahchayat Samiti were extended from time to time However, by an order issued by the Vikas Adhikari of the Panchayat Samiti, Osiyan dated March 13, 1969 petitioner Prem Kumari was placed under suspension on the ground that disciplinary proceedings were being under taken against her A similar order of suspension was issued by the Vikas Adhikari is respect of the petitioner Smt Kamla Mathur on May 30. 1969. The orders for suspension in cases of both the petitioners were accompanied by charge sheets and statements of allegations. Some proceedings appear to have been taken, in the matter of these disciplinary enquiries against the two petitioners, by the Finance, Taxation and Administration Standing Committee of the Panchayat Sumiti, Osiyan and it also appears that the Standing Committee of the Panchayat Samiti ultimately decided to pass an order of removal of the two petitioners from service. The relevant papers, however, were sent by the aforesaid Standing Committee of the Panchayat Samiti to the District Establishment Committee for its approval, as Sub -section (4) of Section 89 of the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (hereinafter referred to as 'the Act') provides that punishments except that of censure and with holding of one increment could be inflicted on an employee of a Panchayat Samiti by a Standing Committee of that Panchayat Samiti 'subject to the prior approval' of the District Establishment Committee (hereinafter referred to as 'the Committee) Rule 9 of the Rajasthan Panchayat Samitis and Zila Parishads Services (Punishment and Appeal) Rules, 1961 (hereinafter called 'the Rules') also provides that no punishment under the Rules could be inflicted without the approval of the Committee, where such approval was necessary under the provisions of Sub -section (4) of Section 89 of the Act. The Committee, at its meeting held on June 26, 1970 refused to give its approval to the punishment proposed to be inflicted upon the two petitioners by the Standing Committee of the Panchayat Samiti and it was pointed out by the Committee that several irregularities were committed in the manner in which the disciplinary proceedings against the two petitioners were conducted by the Standing Committee. The Committee directed that enquiries against the two petitioners may be made afresh and the result of such enquiries may be communicated to the Committee. The Secretary of the Zila. Parishd, Jodhpur conveyed the decision of the Committee to the Vikas Adhikari of the Panchayat Samiti, Osiyan by his letter dated February 9, 1971. The petitioner's grievance is that the matter has been allowed to rest at that stage and that neither any fresh enquiries have been made by the Panchayat Samiti or its Standing Committee against the two petitioners so far nor the orders of suspension of the two petitioners have been revoked as yet.

(3.) IN view of the Act and the Rules, referred to above, the Vikas Adhikari was incompetent to pass any order of suspension of the two petitioners and, therefore, the orders of suspension of the petitioners, which were passed by the Vikas Adhikari, ate absolutely without jurisdiction and deserve to be set aside.